Supreme Court Won’t Touch EPO Patent Spat

Law360, New York (May 14, 2007, 12:00 AM EDT) -- The U.S. Supreme Court has declined to tackle the issue of how much authority appeals courts have to scuttle claims construction rulings made by lower courts.

Monday, the nation’s highest court nixed petitioner Amgen Inc.’s bid to have its case against Aventis Pharmaceuticals Inc. and Transkaryotic Therapies Inc. reviewed, deciding not to address the issue of how much deference the appeals court should afford the findings made by a district court during claims construction.

In April, the American Bar Association filed an amicus brief urging the...